In re the Detention of Petersen

These consolidated cases concern the procedures in probable cause hearings held pursuant to former RCW 71.09.090(2) (1995),1 hearings that may take place as part of the annual review of prisoners detained under the sexually violent predator statute. Division One of the Court of Appeals certified the cases to this Court pursuant to RCW 2.06.030(d) and RAP 4.4 to harmonize our majority opinions in In re Detention of Petersen, 138 Wn.2d 70, 980 P.2d 1204 (1999) and In re Detention of Turay, 139 Wn.2d 379, 986 P.2d 790 (1999). We accepted certification on November 7, 2000.

For the reasons detailed…